The Central government on 24 August welcomed the Supreme Court’s order holding privacy as a fundamental right, by saying the top court has only “affirmed” the government's position on this issue. However, the Attorney General in May 2017 had argued that citizens did not have “absolute right over their bodies”.
Dismissing the statement as “courtroom banter”, Union Law Minister Ravi Shankar Prasad said that:
Whenever cases are argued, there is lot of banter, a lot of exchanges. But ultimately the core of the argument is noted in the judgement of the respective sides, and conclusion is reached.Ravi Shankar Prasad
A nine-judge Constitution bench headed by Chief Justice JS Khehar ruled that “right to privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21 and Part III of the Constitution”.
Union Law Minister Ravi Shankar Prasad, addressing the media, said that the court has said that right to privacy is not absolute and is subject to reasonable restrictions.
Supreme Court has affirmed what government had said in Parliament while moving Aadhar Bill.Ravi Shankar Prasad
Reading the statement of the government, the Law minister said that like all other fundamental rights, the right to privacy is not an absolute right.
Like all other fundamental right, right to privacy is not absolute. Subject to same conditions as those of life and libertyRavi Shankar Prasad
‘Aadhaar: Minimum Information, Maximum Use’
Speaking on Aadhaar, the law minister said that he wanted to assure everyone that Aadhaar is a “safe and secure” instrument.
Aadhaar works on minimum information, maximum use. It is admired all across the world.Ravi Shankar Prasad
The Aadhaar has also eliminated the siphoning of money by middlemen. The government said that in the last three years, it has saved Rs 57 crore that was previously pocketed by middlemen.
“Aadhaar in a very short span of time has shown its utility for welfare and empowerment of citizens”, said the law minister.
Prasad Hits Out At Congress
Hitting out at the Congress party, Prasad said that the UPA government started collecting data from the citizens for Aadhaar without any legislative backing. He also took a dig at Congress Vice President Rahul Gandhi by asking him to do his “homework” before making statements.
Reacting to the assertion of the Congress that the verdict was a rejection of the BJP’s ideology of “suppression through surveillance”, Prasad tweeted, “What has been the record of the Congress in protecting individual liberties was seen during Emergency.”
SC Reiterated Govt Stand: Jaitley
Union Minister Arun Jaitley said that the apex court has only reiterated the government’s stand on the issue.
He said that the NDA government “absolutely believed” that privacy was a fundamental right, and has put special provisions for privacy during the enactment of Aadhaar act.
In March 2016, during a debate in the parliament on the Aadhaar Act, I clarified that privacy was a fundamental right. Even then, I had said that it is too late in the date to contend that privacy is not a fundamental right.Arun Jaitley
Jaitley also pointed out apex court’s reasonable restrictions on privacy – in cases of national security, detection of crime, and dissipation of social benefits.
SC says prima facie it could be fitted into article 21, in some cases article 19, therefore subjected to restrictions of those. It is a positive judgment and over the years, the right to privacy has only been strengthened by the Supreme Court. The government is only interested in fair, just and reasonable restrictions on the right to privacy.Arun Jaitley
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